A contract was proposed for the exclusive broadcast of the Danish national football team’s matches in the World Cup 2002, by pay-TV. The contract would violate Danish law, since an insufficient number of Danes would be able to access the pay-TV service. No offer to share the rights had been made. Permission was sought from the ITC who wished to refuse to consent to the grant of exclusive rights. The court held that it could properly have refused such a contract for a UK company, and a mere difference in nationality should not justify a difference in approach. The UK rules did not oblige the ITC to give consent, nor create any legitimate expectation that such consent would be given.
Judges:
Slynn of Hadley, Nolan, Hoffmann, Hutton, Hobhouse of Woodborough
Citations:
Times 27-Jul-2001, Gazette 06-Sep-2001, [2001] UKHL 42, [2001] Eu LR 741, [2001] 1 WLR 1604, [2001] EMLR 42, [2001] 3 CMLR 26
Links:
Statutes:
Broadcasting Act 1996 101, Television without Frontiers Directive 89/552/EEC, EC Directive 97/36/EC, Television Broacasting Regulations 2000 (2000 No 54)
Jurisdiction:
England and Wales
Media, European
Updated: 25 May 2022; Ref: scu.136165